"The court ruled that whenever experiments were performed for business purposes, those experiments were not exempt."
Russo, A.A. and Johnson, J., 2015. Research use exemptions to patent infringement for drug discovery and development in the United States. Cold Spring Harbor perspectives in medicine, 5(2), p.a020933.
This seems like a pretty good paper on the subject which outlines two categories of exemptions to "use" infringement. The category which exempts 'experimentation' or development is pretty narrow as it excludes work done for a business purpose.
Interesting question and discussion.
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Thomas Hoegh
Edina MN
United States
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Original Message:
Sent: 01-Mar-2021 09:52
From: Michael Hamrell
Subject: Using patented compounds during development
The courts have ruled years ago that performing development work or testing does NOT infringe patent rights. Patents only protect someone from its commercial use. Development work and testing is not considered commercial use.
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Michael Hamrell, Ph.D., RAC, FRAPS
Huntington Beach CA
United States
Original Message:
Sent: 28-Feb-2021 11:59
From: Thomas Hoegh
Subject: Using patented compounds during development
35 U.S.C. 271 Infringement of patent.
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
(b) Whoever actively induces infringement of a patent shall be liable as an infringer.
You should ask your company's patent attorney for a definitive answer, but I hope this helps. I'd also suggest reading the remainder of 35USC271.
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Thomas Hoegh
Edina MN
United States
Original Message:
Sent: 26-Feb-2021 15:39
From: Anonymous Member
Subject: Using patented compounds during development
This message was posted by a user wishing to remain anonymous
All,
We'd like to engage a second supplier to develop one of our key starting materials that is currently under patent by another supplier. The samples would be used for development uses only (non-commercial and non-clinical) until patent expiry. Does this infringe upon the patent owner rights? Any references on this topic?
Thank you